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Patna High CourtCR. MISC./30422/2020disposed

Sami Ahmad v. The State Of Bihar

2021-01-06Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30422 of 2020 Arising Out of PS. Case No.-304 Year-2017 Thana- LAHERIYASARAI District- Darbhanga ====================================================== SAMI AHMAD, S/o Late Hashim Mohammad Resident of Mohalla-Faizullah Khan, Khan Chowk, P.S.-Laheriasarai, District-Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2021 Heard Mr. Prabhat Kumar Singh, learned counsel for the petitioner and Mr. Damodar Tiwary, learned APP for the State.

The petitioner, who is the husband of the informant, seeks bail in anticipation of his arrest in connection with Laheriasarai P. S. Case No. 304 of 2017 dated 03.08.2017, instituted for the offences under Sections 498(A), 323, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry

Patna High Court CR. MISC. No.30422 of 2020(3) dt.06-01-2021 2/3 Prohibition Act, 1961.

At the outset, the learned counsel for the petitioner has submitted that a settlement has been arrived at between the spouses and both of them have agreed to stay together as man and wife under the same roof.

Believing that statement to be true, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P. S. Case No. 304 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

However, if the information provided by the petitioner is not found to be correct, the wife of the

Patna High Court CR. MISC. No.30422 of 2020(3) dt.06-01-2021 3/3 petitioner shall be at liberty to approach the court below for cancellation of the anticipatory bail of the petitioner. The application stands disposed off with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U T